Legal Question in Personal Injury in New Mexico

crosswalk vs ped bridge

If a buisness removed a cross walk and installed a pedestrian bridge that the pedestrian did not use and was struck by a car, could the pedestrian sue the buisness? The bridge is handicap accessible but is a steep climb and it is easier to cross in the middle of the busy street. The buisness does have steps that lead from its entry way to the side walk where the cross walk used to be. Please advise.

Asked on 4/16/02, 7:02 pm

2 Answers from Attorneys

Douglas Barr The Barr Law Firm, P.C.

Re: crosswalk vs ped bridge

You may have a cause of action against the business owner, the City and/or other entities. If you do, however, your claim must be filed within statutory time limits, some of which are relatively short. I have practiced personal injury law in Albuquerque for 26 years and would be glad to discuss your case (at no charge)- just call me at 888-4409.

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Answered on 4/18/02, 1:40 pm
Brent Bailey Dixon, Scholl & Bailey, P.A.

Re: crosswalk vs ped bridge

The general rule in New Mexico is that property owners are only liable for dangerous conditions that exist on their property--not the property of others. An exception to this general rule exists when a landowner has created or contributed to a dangerous condition which exists on property adjoining his/her property. Bober v. New Mexico State Fair, 111 N.M. 644, 808 P.2d 614 (1991). Under certain circumstances creating a pedestrian bridge which is faulty or inadequate may lead pedestrians to avoid the safety of the pedestrian bridge and expose themselves to greater risk at a crosswalk. If the property owner was careless or negligent in creating the pedestrian bridge and either knew or should have known that pedestrians avoided the bridge in favor of the non-existent crosswalk, liability for harm or injuries pedestrians could attach. Please feel free to contact me by email or telephone if you would like to discuss this matter further.

Brent Bailey.

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Answered on 4/16/02, 7:17 pm

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